A 38-year-old man in Mombasa has been sentenced to 40 years imprisonment for defiling an 8-year-old girl.
Mombasa High Court sentenced Mwarabu Omar Pato to 40 years imprisonment for defiling an 8-year-old girl.
Mwarabu Omar Pato is said to have defiled the 8-year-old minor at Mikanjuni area of Jomvu sub-county on 14th November 2022 while taking her to madrassa.
He was found guilty of defilement contrary to Section 8(1) as read with Section 8(2) of the Sexual Offences Act no.3 of 2006.
According to the 8-year-old’s mother, the accused is their neighbor who usually took the 8-year-old and her brother to madrassa on his motorbike.
On the said day, the accused is said to have first dropped the brother home from madrassa then went back to pick the 8-year-old.
According to the 8-year-old, the accused then took her to a narrow path where she says he did ‘tabia mbaya‘ to her and warned her not to tell anyone.
A medical officers’ Post Rape Care (PRC) form indicated that the complainant had a broken hymen with a fresh scar.
“She also had abrasions and there were epithelial cells on her vagina,” read the statement in Judgement.
While giving the sentence, Senior Resident Magistrate David Odhiambo said the prosecution side had submitted enough evidence against the accused.
“In view of the foregoing, I find that the prosecution has proved its case beyond reasonable doubt for the offense of defilement contrary to section 8(1) as read with section 8(2) of the Sexual Offense Act and convict him accordingly under section 215 of the criminal procedure code,” read part of the Judgement.
Mwarabu who was also facing an alternative charge of committing an indecent act with a child contrary to section 11(1) of the Sexual Offences Act, denied the charges.
“I have considered the defence by the accused and find that the same did not dislodge the prosecution case. Moreover, the complainant and witnesses in their testimonies did not show any reason as to why their testimonies could not be believed,” read the judgment.
The accused has 14 days to appeal against the Judgement.